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5. Annual Inspection and Report. Property Owner will, on an annual basis, <br />complete a Treatment Measure Operation and Maintenance Inspection Report ("Annual <br />Report"). The Annual Report will include all completed Inspection and Maintenance <br />Checklists for the reporting period and will be submitted to City in order to verify that <br />inspection and maintenance of the applicable stormwater treatment measure(s) have been <br />conducted pursuant to this Agreement. Property Owner will submit the Annual Report no <br />later than December 31 of each year, under penalty of perjury, to Office of the City <br />Engineer, 1017 Middlefield Road, Redwood City, CA 94063 or another member of City <br />staff as directed by City. The Annual Report will include a record of the volume of all <br />accumulated sediment removed as a result of the treatment measure(s). Property Owner <br />will conduct a minimum of one (1) annual inspection of the stormwater treatment <br />measure(s) between August 1 st and October 1 st each year. City may require more frequent <br />inspections. The results of inspections will be recorded on the Annual Inspection Report. <br />6. Necessary Chan es and Modifications. At its sole expense, Property Owner <br />will make changes or modifications to the stormwater treatment measure(s) as City <br />reasonably determines are necessary to ensure that the stormwater treatment measure(s) <br />are properly maintained and continue to operate as originally designed and approved. <br />7. Access to the Property. Property Owner hereby grants permission to City; the <br />San Francisco Bay Regional Water Quality Control Board (the "Regional Board"); the San <br />Mateo County Mosquito Abatement District (the "Mosquito Abatement District"); and their <br />authorized agents and employees to enter the Property at reasonable times and in a <br />reasonable manner to inspect, assess or observe the stormwater treatment measure(s) in <br />order to ensure that the stormwater treatment measure(s) are being properly maintained <br />and are continuing to perform in a manner adequate to protect water quality and the public <br />health and safety. This includes the right to enter the Property whenever there is a <br />reasonable basis to believe that a violation of this Agreement, City Stormwater Regulations, <br />or the NPDES Permit, and any amendments or re -issuances of the NPDES Permit is <br />occurring, has occurred or threatens to occur. The above listed agencies may also enter <br />the Property when necessary for abatement of a public nuisance or correction of a violation <br />of City Stormwater Regulations. City, the Regional Board, or the Mosquito Abatement <br />District will provide reasonable (as may be appropriate for the particular circumstances) <br />notice to Property Owner before entering the property. <br />8. Failure to Maintain Treatment Measures. In the event Property Owner fails to <br />maintain the stormwater treatment measure(s) as shown on the approved Site Plan in good <br />working order acceptable to City and in accordance with the Inspection and Maintenance <br />Checklist, City and its authorized agents and employees may enter the Property and take <br />whatever steps it deems necessary and appropriate to return the stormwater treatment <br />measure(s) to good working order. City will provide reasonable notice before such entry, <br />provided that notice will not be necessary if emergency conditions require immediate <br />remedial action. This provision will not be construed to allow City to erect any structure of a <br />permanent nature on the Property. It is expressly understood and agreed that City is <br />under no obligation to maintain or repair the stormwater treatment measure(s) and in no <br />event will this Agreement be construed to impose any such obligation on City. <br />REV: 09-25-2020 PR <br />ATTY/AGR.2020.210/SF19G, LLC (153 Myrtle St) (Page 3 of 14) <br />